CG v CW & Anor (Children) [2006] EWCA Civ 372 (06 April 2006)

CG v CW & Anor (Children) [2006] EWCA Civ 372 (06 April 2006)

The judge was entitled to conclude, on the evidence and applying the welfare checklist, that the risk of CG marginalising CW and failing to comply with court orders outweighed the significance of the biological connection, and that the welfare of the children required granting primary care to CW.

Citation
[2006] EWCA Civ 372
Parties
Appellant: CG; 1st Respondent: CW; 2nd Respondent: G (Children)
Jurisdiction
England and Wales
Judgment Date
06 April 2006
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed; permission to appeal granted but no change to the High Court order.
Legal Topics
Shared Residence Orders, Parental Responsibility, Relocation of Children, Welfare Principle, Same Sex Parenting
Family Law Child Law Lgbtq+ Law Shared Residence Orders Parental Responsibility Relocation of Children Welfare Principle Same Sex Parenting

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Parties

CG

Appellant

CW

1st Respondent

G (Children)

2nd Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in granting primary care to CW over the biological mother CG
  2. 2 Whether sufficient weight was given to the biological connection between CG and the children
  3. 3 Whether the welfare checklist under Section 1(3) of the Children Act 1989 was properly applied

Ratio Decidendi

The judge was entitled to conclude, on the evidence and applying the welfare checklist, that the risk of CG marginalising CW and failing to comply with court orders outweighed the significance of the biological connection, and that the welfare of the children required granting primary care to CW.

Court Disposition

Appeal dismissed; permission to appeal granted but no change to the High Court order.

Orders

  • Primary care of the children to CW upheld
  • No order for return of children to CG as primary carer